A typical example of a great rabbi exactly who understood you to Maimonides’s terminology justified overcoming one’s spouse to have good “good” produce try R
Zemah ben Paltoi, Gaon of Pumbedita (872–890), “calls upon a man to flog his wife if she is guilty of assault.” Rabbi Yehudai b. Nahman (Yehudai Gaon, 757–761) writes that: “…when her husband enters the house, she must rise and cannot sit down until he sits, and she should never raise her voice against her husband. Even if he hits her she has to remain silent, because that is how chaste women behave” (Ozar ha-Ge’onim, Ketubbot 169–170). The ninth-century Gaon of Sura, Sar Shalom b. c. 859 or 864), distinguishes between an assault on a woman by her husband and an assault on her by a stranger. The Gaon of Sura’s opinion was that the husband’s assault on his wife was less severe, since the husband has authority over his wife (Ozar ha-Ge’onim, Bava Kamma, ).
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In Muslim Spain, Roentgen. Samuel ha-Nagid (936–1056) is one of the first sages so you’re able to suggest the latest spouse so you can overcome their controling spouse to make certain that she stay-in their lay. Their ideas for the new domineering lady is that she will be able to feel hit in acquisition to coach their. The guy produces within his publication Ben Mishlei: “Struck your lady as opposed to concern if she attempts to take over your including a person and you will raises their own direct [excessive]. Don’t, my son, don’t you end up being your wife’s wife, whenever you are your lady was their particular husband’s spouse!” Hidden their conditions is the fact that most useful woman is but one whom is subservient; the fresh crappy lady is the one who’s disputatious.
In the following period, known as that of the “ Rabbinic authorities/halakhic decisors/ biblical commentators of the mid-11 th to mid-15 th c.. The period of the rishonim followed that of the geonim and preceded that of the a h aronim. Rishonim ,” Moses ben Maimon (Rambam), b. Spain, 1138 Maimonides (1135–1204) recommends in his Code, the Mishneh Torah she-bi-khetav : Lit. “the written Torah.” The Bible; the Pentateuch; Tanakh (the Pentateuch, Prophets and Hagiographia) Torah , that beating a bad wife is an acceptable form of discipline: “A wife who refuses to perform any kind of work that she is obligated to do, may be compelled to perform it, even by scourging her with a rod” (Isshut ). Some rabbis, such as Shem Tov b. Abraham ibn Gaon (d. Safed, 1312), in his commentary Migdal Oz on Maimonides, understand the referent to be the rabbinic court (beit din), since the word “force” (kofin) is in the plural, rather than the singular. However, most commentators concur that Maimonides means that it is the “husband” who can force her. R. Vidal Yom Tov of Tolosa, the well-known fourteenth-century interpreter of Maimonides’s Mishneh Torah, writes in the Maggid Mishneh that “Nahmanides wrote that we force her with a stick and it is also the view of Rabbenu (i.e., Maimonides) and the major rabbis.” It should be noted that Maimonides was most liberal in grounds for divorce, allowing sexual incompatibility, “me’is alai” (lit. “He is repulsive to me”) as grounds (cf. also Ket. 63b).
Jonah ben Abraham Gerondi (c. 1200–1263), just who accepted the idea you to a spouse get beat their spouse if the she transgresses: “Men ought not to defeat his neighbor. . The guy just who beats their next-door neighbor transgresses several negative precepts. Thereby it is on the man just who beats their wife. He transgresses a couple of bad precepts, when the he failed to strike their so you’re able to reprove her for almost all transgression” [importance mine] (Iggeret Teshuvah, Constantinople, 1548). Thus R. Jonah differentiates between spouse violence and complete stranger violence. One can only physical violence a person’s spouse when the rationalized, however, you can never ever violence your female neighbor.